RTM: who manages the shared services on an estate?

Since its introduction by the Commonhold and Leasehold Reform Act 2002, many leaseholders have acquired the right to manage their block.  By acquiring the right to manage, leaseholders get the right to perform the "management functions" in place either of the landlord or any other person upon whom management [...]

By |2022-01-12T23:19:11+00:0012 January 2022|Blogs, legal update, RTM|0 Comments

Tribunal determination of service charge payable: declaratory only and unenforceable in the County Court

Under Section 27A of the Landlord and Tenant Act 1985, the tribunal hold jurisdiction to determine whether a service charge is payable and, if it is, as to: The person by whom it is payable. The person to whom it is payable. The amount which is payable. The date [...]

RTM: failure to serve notice of withdrawn on qualifying tenants

The acquisition of the right to manage by an RTM company is process driven.  The process starts with a notice inviting participation which is given by the RTM company to all qualifying tenants (who aren't already members of the RTM company). After the notice inviting participation, the next step [...]

By |2021-12-27T22:40:28+00:0013 November 2021|Blogs, legal update, RTM|0 Comments

Leasehold Reform (Ground Rent) Bill introduced

Following the announcement in the Queen’s Speech, the government has introduced the Leasehold Reform (Ground Rent) Bill. The Ground Rent Bill restricts ground rents on newly established long residential leaseholds to one peppercorn per year, thus effectively restricting ground rents to a zero financial value. The Ground Rent Bill [...]

By |2021-07-18T19:12:13+01:0020 May 2021|Blogs, ground rent, legal update|0 Comments

Service charge demands: has notice been given in accordance with the lease provisions?

I’m regularly to be found on my soap box espousing the need to read, understand and implement the terms of leases, particularly where service charges are concerned.  In H Stain Ltd v Richmond [2021] UKUT 66 (LC) the Upper Tribunal considered a lease clause which required the lessee to be [...]

By |2021-06-27T17:06:10+01:0027 April 2021|Blogs, legal update, service charges|0 Comments

RTM: are lessees still required to pay charges for the estate following acqusition?

Owners of residential leasehold property are able to exercise a statutory Right to Manage (RTM) under the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”). The difficulties which can arise when dealing with estate services and well known, and were under consideration again by the Upper Tribunal (Lands Chamber) [...]

By |2021-06-27T17:31:36+01:0014 April 2021|Blogs, legal update, RTM|0 Comments

Breach of section 3 of the Health and Safety at Work etc Act 1974

An investigation conducted by Health and Safety Executive found that a construction company had failed to sufficiently induct and inspect the experience of a self-employed ground worker. This failure resulted in significant monetary loss for the company and life changing injuries for the ground worker.     It was found that [...]

By |2021-12-27T21:25:56+00:0010 March 2021|Blogs, legal update|0 Comments

When is a demand a demand for the purposes of section 20B?

There are a raft of contractual and statutory restrictions on the recovery of service charges. In certain circumstances, failing to adhere to those restrictions is fatal to the recovery of service charges.   The 18 month rule Section 20B of the Landlord and Tenant Act 1985 is one of the [...]

By |2021-06-27T17:53:05+01:001 March 2021|Blogs, legal update, service charges|0 Comments

Corporate governance vs. leasehold management

I often talk about the different “hats” individuals wear.  This is because an individual can (and often does) have two roles; as lessee and also as a member of a management company. There are lots of examples of lessee owned and controlled companies; residents’ management companies in tripartite leases, right [...]

By |2021-06-27T22:55:33+01:0027 February 2021|Blogs, company matters, legal update|0 Comments
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